[DOWNLOAD] "Luna V. Bowen" by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Luna V. Bowen
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 24, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This action involves a class challenge of the Social Security Administration's regulations, policies, and practices as they relate to the role of pain in the evaluation of disability claims. The named plaintiffs and intervenors sought class relief on the ground that agency decision makers have been systematically denying benefit claims based on disabilitating pain by improperly requiring objective corroboration of the severity of pain. The district court granted summary judgment for plaintiffs, holding the Secretary's regulations misleading, overbroad, and invalid on their face. Luna v. Bowen, 641 F. Supp. 1109, 1113 (D. Colo. 1986). The court also held that the Secretary's policy and practice in evaluating pain is inconsistent with the Social Security Disability Reform Act of 1984, 42 U.S.C. § 423(d)(1)(A) (Supp. III 1985). Id. at 1120. The Secretary has appealed both holdings and the remedy imposed. We reverse.*fn1
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